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Resolution #2047RESOLUTION NO. 2047 A RESOLUTION APPROVING AN AGREEMENT PROVIDING FOR THE SALE/PURCHASE OF CITY OWNED REAL PROPERTY LOCATED AT ADDRESS OF 559 EAST ELM STREET/10 SOUTH SIXTH AVENUE, CANTON, ILLINOIS. WHEREAS, the Canton City Council has heretofore determined the necessity of selling certain real property identified in the attached agreement; and, W't:iEREAS, it is now necessary to enter into a written agreement providing for the City of Canton's sale of such real property. IT IS, ACCORDINGLY, HEEttEBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF~CANTON, Fulton County, Illinois as follows: 1. That the agreement providing for the sale/purchase of City owned real property located at 559 East Elm Street/10 South Sixth Avenue, Canton, Illinois, such agreement lacing attached hereto and identified as Exhibit "A" hereto and herein incorporated by reference, is hereby approved by the Canton City Council. 2. That the T47ayor and City Cleric are hereby authorized and directed to execute and deliver duplicate originals of said agreement and to execute and deliver the requisite quit-claim deed and all other papers necessary to conclude said transaction. 3. That this Resolution shall be in full force and effect inunediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Payor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this _7th day of February ~ 1gg9 upon a roll call vote as follows: AYES: Aldermen Zilly, Steck, Sarff, Meade, Bohlen, May, Chapman. T~1AYS: None . ABSENT: Alderman Kovachevich. APPROVED: ~ ~ < <~~ ~~ Donald E. Edwards, t~Zayor ATPEST: ~~d~511 Nan P7hit , City Clerk AGREEMII~IT NO. AN AGREEMIIdT PROVIDING FOR THE SALE OF CERTAIN CITY OWNEU REAL PROPERTY LOCATID AT 559 EAST ELM STREET/10 SOUTH SIXTH AVENUE, CANTON, ILLINOIS. WHEREAS, the City of Canton, an Illinois municipal corporation, is the ovmer of certaii: real property hereinaf ter more particularly described which such real property has been by said City determined to be no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City of Canton; and, WHEREAS, Robert C. Fishburn desires to purchase such real property from the City of Canton. NOW, THEREFORE, IT IS HEREBY AGREED AS HEREINAF`i'L~2 SET FORTH: 1. SELLEit: The Seller of the real property hereinafter described is the City of Canton, an Illinois municipal corporation, having its main office located at 210 East Chestnut Street, Canton, Illinois G1520, hereinaf ter referred to as the "City". 2. BUYER: The Buyer of the real property hereinaf ter described is Robert C. Fishburn whose permanent mailing address is 541 East Elm Street, Canton, Illinois 51520, hereinaf ter referred to as the "Buyer". 3. SUBJECT I+~ATTER: The subject matter of this agreement is certain real property located within the corporate limits of the City of Canton, Fulton County, Illinois with common address of 559 East Elm Street/10 South Sixth Avenue, Canton, Illinois. Said real property is legally described as follows, to-wit: Lot Number Sixty-Eight (68) in Barnes and Jones' Addition to the City of Canton, Fulton County, Illinois. 4. OONSIDERATIOPI: The consideration supporting this agreement is made up of the mutual covenants and agreements herein set forth and payment of the cash sum of $3,000.00 (Three Thousand Dollars) by Buyer to the City in lawful money. 5. CONV~'YANCE: The City shall convey title to said real property to Buyer by a good and sufficient cruit-claim deed. 6. TITLE: The City shall show proof of rerchantable title in said real property to Buyer by either, in the City's sole discretion, su~~plying Buyer with an updated abstract of title or a commitment to insure title in the amount of the cash sum set forth in paragraph 4, above. In the event an abstract is provided by the City, it shall be updated only once at the City's expense. Proof of merchantable title as aforesaid shall be furnished by the City to 3uyer within 30 days of the date of this agreement or, for good cause shown, at such other further time as the parties may agree to; any such extension of time shall be accomplished by an instrument in writing. 7. DEFECTS IN TITLE: In the event Buyer makes objection to the status of title and, in the opinion of the City Attorney, such objection sets forth a bona fide defect causing title to not be merchantable, the City shall, in its sole discretion, cure such defect within 60 days of Buyer's making of such objection or declare this agreement to be null and void provided, however, that the City return to Buyer any earnest money deposit without interest and, still further, providing that Buyer release to the City the original of the abstract of title or commitment to insure title. 8. CLOSING: Closing shall take place within 14 days of the expiration of the time period set forth in paragraph 6, above. Closing shall take place at the City's main office as set forth in paragraph 1, above. 9. TAXES AND UTILITIES: General real estate taxes, utilities and special assessments, if any, shall be prorated between the City and Buyer according to their respective time of possession of the premises. `i'he City shall be responsible for all general real estate taxes, utilities and special assessments, if any, which were levied or placed against said premises in any year preceding the instant year and which are now legally cognizable, due and owing. The City may, at its election, allow some or all of its share of such general real estate taxes, utilities and special assessments, if any, as a credit against the cash sum due and awing to the City from the Buyer, all as set forth in paragraph 4, above. If such credit is given by the City to the Buyer, the Buyer hereby covenants and agrees to hold the City whole and harmless on account thereof. 10. ZONING AND USE OF PREMSSES: The above described premises is presently zoned R-2, Single Family Residential, under the City of Canton's zoning ordinance(s), as amended. The use of the premises shall be governed by reference to such zoning ordinance(s) as the same presently exists and as such zoning ordinance(s) may be amended. 11. TENANCY/OCCUPANCY/POSSESSION: The City hereby warrants that the subject premises, to the best of its };novaledge, is not now subject to a right of any third party tenant or occupant. ~hhe City shall give possession of the above described premises to }~uyer at closing. 12. IIā€¢iPLIED/EXPRESSED WARRANTIES: Other than as above set forth, this agreement is not subject to any express or implied warranty of any sort. The i3uyer hereby warrants that he has had full and ample opportunity to inspect the above described premises; that he is satisfied t~~iat his inspection thereof was complete; and, that, other than as herein set forth, no promises, representations or inducements ,~~hatsoever have been made to 3uyer by the City or by the City's officers, officials, employees or agents. 13. AilTfiORITY: This agreement is executed and delivered by the City to the Buyer by authority of the City Council of the City of Canton, Fulton County, Illinois and pursuant to a resolution thereof passed at its regular meeting of , 1939. 14 . OTIiER TII~IS AND CONDITIONS : i~lone . IN WITNESS F~EOF the City and the F3uyer have set their hands and seals to two originals hereof this day of 1989. CI^1Y OF C11r1TOI~, an Illinois municipal corporation, BY: ~ Its i~~iayor. ~7.~~~i' S rl, City Clerk (Corporate Seal) Buyer